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Planning appeal decision

Dismissed30 September 20243345316

39 Stanley Road, Halifax, HX1 3RX

Planning appeal 3345316 at 39 Stanley Road, Halifax, HX1 3RX (Calderdale Metropolitan Borough Council) was dismissed on 30 September 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that the proposed outbuilding would be permitted development under Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

a proposed outbuilding

Authority
Calderdale Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
HX1 3RX

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that the proposed outbuilding would be permitted development under Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

What decided it

The appellant failed to provide sufficient precision and objective evidence to demonstrate that the proposed outbuilding would qualify as permitted development under Class E, both regarding the lawful dwellinghouse status and curtilage, and regarding whether the building would be required for purposes incidental to dwellinghouse enjoyment.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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